Court No. - 48
Case :- APPLICATION U/S 482 No. - 47251 of 2018 Applicant :- Smt. Praga Devi And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.,Ram Babu Singh
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A. for the State as well as learned counsel for the opposite party no.2 and perused the record.
The present 482 Cr.P.C. application has been filed for quashing the proceedings of case no. 480 of 2017 (State Vs. Bhoori Singh and others) arising out of case crime no.430 of 2014 under Sections 419, 420 IPC, P.S. Jalesar, District Etah pending in the Court of Civil Judge (S.D.), Jalesar, Etah.
Pursuant to order dated 4.1.2019, the parties appeared before the court below on 17.1.2019 for verification of settlement, who were duly identified by their counsel's, while verifying the compromise / settlement dated 17.1.2019. Verification report of the compromise entered into between the parties made by the court below is on record.
It is submitted by learned counsel for the applicants that both the parties have settled their dispute through compromise arrived at between the parties, which has been duly verified by the court below. Thus, it is submitted that continuation of the proceedings of the aforesaid case will be an abuse of process of law. No fruitful purpose would be served in keeping the matter pending. In support of his contention, learned counsel for the applicants has also placed reliance on the law laid down by Apex Court in Gian Singh vs. State of U.P., (2012), 10 SCC 303, B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 and Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582.
On the other hand, learned counsel for the opposite party no.2 submits that since the dispute between the parties has been settled and compromise has been duly verified by the court below, opposite party no.2 has no objection if the proceedings of the aforesaid complaint case pending before the trial court is quashed.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.
In all the aforesaid cases, the Apex Court has laid down the law that criminal proceedings may be quashed even in non-compoundable cases by the High Court in exercise of its extraordinary jurisdiction to restore peace between the parties and in case the justice so demands. According to Hon'ble Supreme Court, if the offence involve private dispute between the parties of commercial nature or matrimonial dispute and it is not related to heinous offence, the proceedings may be quashed.
Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply be a waste of time if the aforesaid case is permitted to continue till its logical conclusion.
In view of the above, the Application u/s 482 Cr.P.C. is allowed.
The entire proceedings of case no. 480 of 2017 (State Vs. Bhoori Singh and others) arising out of case crime no.430 of 2014 under Sections 419, 420 IPC, P.S. Jalesar, District Etah pending in the Court of Civil Judge (S.D.), Jalesar, Etah against the applicants are quashed in terms of compromise.
Order Date :- 30.1.2019 ss